Rajasthan High Court - Jodhpur
Chunnu @ Imran vs State Of Rajasthan ... on 19 March, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:14643-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 397/2025
Chunnu @ Imran S/o Deran Khan Pathan, R/o Nogawan, P.S.
Arnod, District Pratapgarh (Raj.).
(Presently Lodged At Dist. Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Aslam Khan
Mr. Zeeshan Ali
For Respondent(s) : Mr. N.K. Gurjar, GA-cum-AAG with
Mr. Ashutosh Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
Order
19/03/2025
1. The applicant-appellant herein has been convicted and
sentenced as below vide judgment dated 01.10.2021, passed by
the learned Sessions Judge, Chittorgarh in Sessions Case
No.34/2009:-
Offence Sentence Fine
under
Section
120-B IPC Life Imprisonment Rs.20,000/-, in default thereof
to further undergo two years'
additional R.I.
302 read with Life Imprisonment Rs.20,000/-, in default thereof
120-B IPC to further undergo two years'
additional R.I.
460 read with Life Imprisonment Rs.20,000/-, in default thereof
Section 120-B to further undergo two years'
IPC additional R.I.
3/25 of Arms 5 years' Simple Rs.10,000/-, in default thereof
Act Imprisonment to further undergo six months'
additional R.I.
[2025:RJ-JD:14643-DB] (2 of 4) [SOSA-397/2025]
2. The applicant-appellant has preferred the present interim
application under Section 430 of BNSS, 2023 (old Section 389
Cr.P.C.) for suspension of his sentences during the pendency of the
appeal and for release on bail for a period of 60 days on the
ground of treatment of his wife.
3. Learned counsel for the applicant-appellant submitted that
the wife of the applicant-appellant is suffering from dislocation of
L3-L4 & L5-L6 and due to his disease, she cannot stand on her
alone and she need the assistance of his husband/applicant for the
purpose of her treatment, as the Doctors advised for her
operation.
3.1. Learned counsel for the applicant-appellant further submitted
that on earlier occasion also, the sentence of the applicant-
appellant was suspended for seven days (from 01.11.2024 to
07.11.2024) vide order dated 16.10.2024, passed by this Court in
D.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1130/2024 on account marriage of the daughter of the
applicant which was scheduled on 06.11.2024 and the applicant-
appellant has abide the conditions of the temporary suspension of
sentence.
3.2. Learned counsel for the applicant-appellant, therefore,
prayed that looking to the critical condition of the wife of the
applicant-appellant, the sentence of the applicant-appellant be
suspended for a period of 60 days.
4. Mr. N.K. Gurjar, learned Government Advocate-cum-
Additional Advocate General does not refute the facts that earlier
also sentence of the applicant-appellant was suspended and all the
terms and condition of the order were duly abided by the
[2025:RJ-JD:14643-DB] (3 of 4) [SOSA-397/2025]
applicant-applicant and he surrendered back after completion of
the sentence suspended period.
4.1 Learned Government Advocate-cum-Additional Advocate
General however, submitted that the report dated 18.03.2025 of
the S.H.O., P.S. Arnod, District Pratapgarh, the report dated
18.03.2025, received from Maharana Bhupal Government
Hospital, Udaipur as well as the letter supported by the concerned
officer, indicate that the wife of the applicant-appellant namely
Mst. Bakshida Bee is suffering from L3-L4 Disc Buldge with Canal
Compression and Symptoms of compressive radiculopathy. The
report also indicates that the Doctors have already admitted the
Lady in the Trauma Centre of the Hospital on 17.03.2025 for the
operation which has been extended for the reason of anesthesia
fitness. It is also indicated in the report that the nature of the
ailment is progressive and thus, her condition is worsening and
the operation has to take place soon.
4.2. The medical report dated 18.03.2025, received from
Maharana Bhupal Government Hospital, Udaipur indicating the
need of operation and treatment condition, supported with the
medical record, as well as the report of the SHO, P.S. Arnod,
District Pratapgarh are taken on record.
5. This Court on conjoint consideration of the facts and
circumstances of the case; considering the fact that sentence of
the applicant on earlier occasion has been suspended on the
ground of daughter's marriage and he surrendered back after
abiding the terms and conditions; considering the report of the
Maharana Bhupal Government Hospital, Udaipur; medical report
verified by the concerned S.H.O. P.S. Arnod, District - Pratapgarh,
[2025:RJ-JD:14643-DB] (4 of 4) [SOSA-397/2025]
is inclined to suspend the sentence of the applicant for a period of
seven days, which shall be counted from the date of his actual
release.
5.1 Maharana Bhupal, Government Hospital, Udaipur, where the
wife of the petitioner is undergoing treatment, shall be required to
give the exact date of operation of Mst. Bakshida Bee (wife of the
applicant-appellant).
6. The present application for temporary suspension of
sentence is, thus, allowed and it is directed that whenever the
date of operation of the wife of the applicant-appellant is given by
the Hospital, the sentence awarded to the applicant-appellant
Chunnu @ Imran S/o Deran Khan Pathan, vide judgment
dated shall 01.10.2021, passed by the learned Sessions Judge,
Chittorgarh in Sessions Case No.34/2009 shall remain suspended
and he shall be released on temporary bail for a period of seven
days from the date of his actual release, provided he furnishes a
personal bond in the sum of Rs.1,00,000/- along with two sureties
in the sum of Rs.50,000/- each to the satisfaction of the trial
Court.
7. Immediately after completion of the aforesaid period, the
applicant-appellant shall surrender before the concerned Jail
authorities for serving the remaining period of sentence.
8. The release order shall not be passed until the date of
operation is not given by Maharana Bhupal Government Hospital.
(CHANDRA PRAKASH SHRIMALI),J (DR.PUSHPENDRA SINGH BHATI),J
68-Ramesh Goyal, P.S./-
Powered by TCPDF (www.tcpdf.org)
